General Terms and Conditions – JB Begeleiding en Ontwikkeling
The Dutch version of the General Terms & Conditions is leading – this document has been translated into English to serve our clients.
1.1 The General Terms and Conditions apply to every contract between JB Begeleiding en Ontwikkeling (JBB&O) and Clients regarding training courses, workshops, lectures, coaching or advice in the broadest sense of the word, hereinafter referred to as Program
1.2 Legally valid deviation from the General Terms and Conditions are only binding for JBB&O if they have been confirmed in writing by JBB&O.
2: Conclusion of the Contract
2.1 Any contract between JBB&O and a Client is concluded through written agreement (by letter or e-mail) from JBB&O and Client or registration with or instruction to JBB&O and written acceptance of this registration or instruction by JBB&O.
2.2 Any agreements, commitments and/or modifications deviating from the offer after conclusion of the Contract are only binding for JBB&O if they have been confirmed in writing by JBB&O.
3: Cancellation or Rescheduling by the Client
3.1 A program can only be cancelled in writing and before commencement.
3.2 In the event of such cancellation JBB&O has the right to charge the following costs to the Client: upon cancellation up to one month prior to commencement: the expenses actually incurred by JBB&O (to be specified by JBB&O). Upon cancellation within one month prior to commencement: 50% of the price. Upon cancellation within two weeks prior to commencement: 100% of the price.
3.3 Rescheduling can only be effected by mutual agreement and only up to one month prior to commencement. For the rest, the cancellation scheme in paragraph 3.2 applies.
3.4 An individual interview or coaching session can be cancelled or rescheduled up to 48 hours prior to commencement without any costs. In the event of a cancellation or rescheduling within 48 hours prior to commencement, JBB&O has the right to charge the full price.
4: Cancellation by JBB&O
4.1. JBB&O has the right to reschedule or cancel a program without giving reasons, in which case the Client has the right to repayment of the price paid to JBB&O.
4.2 JBB&O has the right to refuse a participant designated by the Client without giving reasons, in which event the Client has the right to repayment of the price paid to JBB&O for the rejected participant.
5.1. Prices are not binding unless included in a written agreement as referred to in Article 2.
5.2. Cost of travel, arrangement and accomodation are not included in the prices, unless explicitly stated otherwise.
5.3. JBB&O may charge on the Client cost-increasing taxes occuring in the interim and emerging after the conclusion of the contract.
6: Invoicing and Payment
6.1. JBB&O sends invoices after the conclusion of the Contract. Client shall pay the amounts owed to JBB&O without set-off, suspension and/or discount within 15 calendar days after the invoice date.
6.2. If the Client has not paid the full amount within the set term, the Client is in default without further notice being required. In this event, JBB&O is entitled to charge the legal commercial interest or other interest. The Client is also obliged to reimburse JBB&O for all costs made to collect the invoice.
6.3. If the Client has not paid the full amount within the set term, JBB&O is entitled to immediately suspend the execution of the program
7: Intellectual property rights
7.1 To the extent that copyright, trademark right, design right, trade name right or other intellectual property rights apply to products and services provided by JBB&O for the purposes of performance of the Contract, JBB&O is and remains the holder (pursuant to third party licenses) or owner of these rights. The Client only receives a non-exclusive and non-transferrable right of use to the extent that this is necessary for the performance of the Contract.
7.2 The Client may not reproduce, modify or remove indications of copyright, trademark, design, trade name or other indications.
8: Performance of the Contract and Liability
8.1. Contracts concluded with JBB&O create a best efforts obligation on the part of JBB&O, not an obligation of result. In carrying out its activities, JBB&O shall observe the care befitting a good contractor.
8.2 JBB&O is not liable for indirect damage (including, but not limited to, consequential damage, fines, lost sales, lost profits, lost savings, reduced goodwill, reputation damage and immaterial damage).
8.3 JBB&O is not liable for direct damage that was caused or partially caused by JBB&O’s use of incomplete or deficient information provided by or on behalf of the Client, or the failure of a participant to follow safety instructions or other instructions, in the context of the event on which the liability is based.
8.4. The scope of JBB&O’s liability for direct damage is at all times limited to the sum actually paid to JBB&O by the insurer of JBB&O.
8.5. If the Client does not personally participate in an education program, the Client guarantees that the participants have accepted the aforementioned limitations of liability.
9: Applicable law
Each Contract between JBB&O and a Client is exclusively subject to Dutch law.